Law on Special Economic Zones in the Republic of Kazakhstanfarsi.tpo.ir/uploads/Law_on_SEZ-kazakhesatan.pdf · Law On Special Economic Zones RK • Investor's GuIde • 2012 • republIc

[ Law On Special Economic Zones RK • Investor's GuIde • 2012 • republIc of KazaKhstan ] 1

Law on Special Economic Zones in the Republic of Kazakhstan


ContentsThis Law defines the procedure for and terms of organisation, functioning and abolishment of Special Economic Zones in the territory of the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS .............................................. 4Article 1. General Definitions Used in This Law..............................................4Article 2. Legislation of the Republic of Kazakhstan Concerning

Special Economic Zones ......................................................................5Article 3. Purposes of Organisation of Special Economic Zones .............5

Chapter 2. GOVERNMENT REGULATION OF ORGANISATION, FUNCTIONING AND ABOLISHMENT OF SPECIAL ECONOMIC ZONES ............................................................... 6Article 4. The Scope of the Government

of the Republic of Kazakhstan ...........................................................6Article 5. The Scope of the Authorised Body ..................................................6Article 6. Scope of the Local Executive Bodies of Oblasts, City of

Republican Significance and the Capital City .............................7

Chapter 3. ORGANISATION, FUNCTIONING AND ABOLISHMENT OF SPECIAL ECONOMIC ZONES ............... 8Article 7. The Procedure for Organisation

of a Special Economic Zone ..............................................................8Article 8. Terms of Organisation and Functioning

of Special Economic Zones ..............................................................10Article 9. Applicant Requirements ...................................................................11Article 10. Documents Submitted by the Applicant for Performance

of Activity in Special Economic Zones in the Capacity of a Special Economic Zone Participant and Inclusion in the Unified Registry of the Special Economic Zone Participants .................................................................................11

Article 11. Procedure for Pendency of Application for Performance of Activities in the Capacity of a Special Economic Zone participant ..............................................................................................12

Article 12. Requirements for the Entities Qualifying for Performance of Support Activities in the Territory of a Special Economic Zone ..........................................................................................................13

Article 13. Documents to be Submitted for Admittance to Perform Support Activities ................................................................................14

Article 14. Basis and Procedure for Admittance to Perform Support Activities ..................................................................................................14


Article 15. Rendering of Public Utility Services in the Territory of Special Economic Zone ................................................................14

Article 16. Abolishment of a Special Economic Zone..................................15

Chapter 4. GOVERNING OF A SPECIAL ECONOMIC ZONE......16Article 17. Establishment of Special Economic

Zone Regulating body .......................................................................16Article 18. The Scope of the Administration

of a Special Economic Zone ...........................................................16Article 19. Selection of Entities to Perform Management ................. in the

Managing Company ...........................................................................17Article 20. Rights and Obligations of Special Economic Zone

Participants .............................................................................................17Article 21. Monitoring of Implementation of Obligations under the

Contract on Performance of Activity ............................................18Article 22. Financing of Special Economic Zone Regulating Body .........18Article 23. Dissolution of Special Economic Zone Regulating Body......18

Chapter 5. LEGAL STATUS AND CONDITIONS OF FUNCTIONING OF SPECIAL ECONOMIC ZONES .............20Article 24. Special Legal Status of a Special Economic Zone ...................20Article 25. Taxation of Special Economic Zone Participants ....................20Article 26. Customs Regulation in Special Economic Zones .....................20Article 27. Goods Placed under the Customs Procedure of a Free

Customs Zone .......................................................................................21Article 28. Employment of Foreign Nationals ................................................21Article 29. Guarantee Guarantees of Legal Protection of Special

Economic Zone Participants ...........................................................21

Chapter 6. CONCLUSIVE AND TRANSITIONAL PROVISIONS ........................................................................22Article 30. State Control on Observance of the Legislation of the

Republic of Kazakhstan on the Special Economic Zones ....22Article 31. Amenability for violation of the legislation

of the Republic of Kazakhstan on Special Economic Zones ............................................................22

Article 32. Transitional Provisions ......................................................................22Article 33. Procedure of Promulgation of This Law ......................................23


CHAPTER 1. GENERAL PROVISIONS

Article 1. General Definitions Used in This LawThe following general definitions are used in this Law:

1) Special Economic Zone is a limited territory of the Republic of Kazakhstan with exactly marked borders, in which favourable conditions are organised to carry out priority types of activity;

2) Regulatory body of the Special Economic Zone is a managing company or a public agency under the local executive body of the capital city;

3) The unified registry of the Special Economic Zone participants is a registry including all the Special Economic Zones organised in the territory of the Republic of Kazakhstan and monitored by the Authorised Body;

4) Special legal status of the Special Economic Zone is a combination of operation conditions for the Special Economic Zone under this Law, tax, customs and land legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan related to the employment of the population.

5) Participant in the Special Economic Zone is a legal entity carrying out priority types of activity in the territory of a Special Economic Zone which is included in the unified registry of the Special Economic Zone participants;

6) Managing Company is a legal entity established under this Law, legal organizational form: Joint-Stock Company, Company shall ensure operation of the Special Economic Zone.

7) “One-Stop Shop” principle is a form of rendering of public services in the territory of the Special Economic Zone based on the idea of minimal participation of the applicant in collection and preparation of documents and limited direct interaction with the entities rendering public services;

8) Infrastructure Facilities include immovable property which is part of heat and electric power production and transmission systems, water and gas supply, sewage, transport communications, communication services and other facilities in accordance with the Special Economic Zone feasibility study and approved master plan

9) Contract for performance of activities in the capacity of a Special Economic Zone Participant (hereinafter referred to as the Contract for performance of activities) is a contract entered into by a Special Economic Zone Participant or several Participants and the Regulatory body of the Special Economic Zone specifying the types of activity to be performed by the Special Economic Zone Participant(s) in the territory of the Special Economic Zone, conditions for activity performance, rights, obligations and responsibility of the Parties.

10) Priority types of activity include types of activity conforming to the objectives of organisation of a Special Economic Zone with a special legal status of a Special Economic Zone;


11) Support Activities include activities required for ensuring performance of activities by the Special Economic Zone participants and carried out by nonparticipants of the Special Economic Zone in the territory of the Zone.

12) Entities performing support activities include individual entrepreneurs or legal entities not eligible for the special legal status of the Special Economic Zone performing support activities in the territory of the Special Economic Zone under this Law

13) Critical level of non-achievement of target indicators is the amount of economic, technical, social and (or) other indicators of the Special Economic Zone performance, non-achievement of which prevents implementation of the main targets of the Special Economic Zone organisation.

14) Applicant is the entity filing application to the Special Economic Zone regulating body for performance of priority or support activity types;

15) Expert Council is an interdepartmental advisory and consultative body under the Authorized body engaged in the issues concerning the expediency of organisation or abolishment of Special Economic Zones, to be formed by the Prime Minister of the Republic of Kazakhstan;

16) Authorised Body is the central executive body effecting state regulation of the issues concerning organisation or abolishment of Special Economic Zones.

Article 2. Legislation of the Republic of Kazakhstan Concerning Special Economic Zones1. The legislation of the Republic of Kazakhstan concerning Special Economic Zones is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. Where an international agreement ratified by the Republic of Kazakhstan establishes other rules than those, which are contained in this Law, then rules of the international agreement shall be applied.

Article 3. Purposes of Organisation of Special Economic ZonesSpecial Economic Zones shall be organised for the purposes of accelerated development of advanced, highly productive, competitive productions, attraction of investments, new technologies in the economic sector and regions, as well as higher employment rate.


CHAPTER 2. GOVERNMENT REGULATION OF ORGANISATION, FUNCTIONING AND ABOLISHMENT OF SPECIAL ECONOMIC ZONES

Article 4. The Scope of the Government of the Republic of KazakhstanThe scope of the Government of the Republic of Kazakhstan shall comprise:

1) elaboration of guidelines of the state policy in the sphere of organisation and functioning of special economic zones;

2) approval of regulations concerning the functioning of special economic zones;

3) determination of an Authorised Body;

4) moving of a presentation to the President of the Republic of Kazakhstan concerning organisation or abolishment ahead of time of a special economic zone;

5) adoption of the decision about the establishment if the managing company;

6) participation in the managing company;

7) approval of provisions concerning the expert council;

8) approval of model agreements on performance of activities;

9) other functions imposed by the Constitution, this Law other Kazakhstan Laws and other Acts of the President of the Republic of Kazakhstan.

Article 5. The Scope of the Authorised BodyThe scope of the authorised body shall comprise:

1) implementation of the common state policy in the sphere of organisation and functioning of the Special Economic Zones;

2) performance of coordination of activities of state bodies in the sphere of organisation, functioning and abolishment of Special Economic Zones other than Special Economic Zones;

3) elaboration of legal acts regulating Special Economic Zones activity;

4) elaboration and approval of an application form and a details form for registration as the participant of a Special Economic Zone;

5) elaboration of model agreements for performance of activities;

6) attraction of Special Economic Zone participants for engagement in the Special Economic Zone activity other than “Astana – New City” Special Economic Zone;

7) keeping of the unified registry of the Special Economic Zone participants based on the information submitted by the Special Economic Zone regulating bodies;


8) approval of Special Economic Zone feasibility study requirements;

9) proposal to the Government of the Republic of Kazakhstan to organise or abolish a Special Economic Zone;

10) determination of the procedure and periodicity of submission of reports by the Special Economic Zone regulating body;

11) monitoring of implementation of Contract for performance of activities and analysis of the monitoring data;

12) annual submission of analytical information on Special Economic Zone performance to the Administration of the President of the Republic of Kazakhstan;

13) other duties as specified by this Law, other Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan or Government of the Republic of Kazakhstan;

Article 6. Scope of the Local Executive Bodies of Oblasts, City of Republican Significance and the Capital City 1. The scope of the local executive bodies of oblasts, city of republican significance and the capital city shall comprise:

1) implementation of the common state policy in the sphere of functioning of special economic zones;

2) proposal to the Government of the Republic of Kazakhstan to organise a Special Economic Zone;

3) participation in the Managing Company in manner prescribed by this Law;

4) allotment of a land plot for a Special Economic Zone in manner prescribed by the land legislation of the Republic of Kazakhstan and conclusion of lease contracts with the managing company for land plots and infrastructure facilities constructed at the expense of budget funds;

5) other authorities assigned to the local executive bodies by the legislation of the Republic of Kazakhstan exercised to the benefit of the local executive bodies;

2. Scope of the local executive bodies of the capital city shall additionally comprise:

1) support of interaction between the public bodies and Special Economic Zone regulating body in the sphere of functioning and abolishment of the capital city Special Economic Zone;

2) attraction of participants for engagement in “Astana – New City” Special Economic Zone activity;

3) attraction of participants for engagement in “Astana – New City” Special Economic Zone activity.


CHAPTER 3. ORGANISATION, FUNCTIONING AND ABOLISHMENT OF SPECIAL ECONOMIC ZONES

Article 7. The Procedure for Organisation of a Special Economic Zone 1. The proposal concerning formation of a Special Economic Zone shall be moved to the Authorised Body by local and (or) central executive bodies, legal entities, interested in organisation of a Special Economic Zone, с with presentation of the concept of organization of a Special Economic Zone drawn up in accordance with the Government of the Republic of Kazakhstan.

The proposal can be moved collectively by several legal entities.

The concept for the Special Economic Zone shall include information on objectives of organisation, location, priority types of activity, information on potential participants of the attraction of the Special Economic Zone participants, current situation analysis in the corresponding region and expected impact of the Special Economic Zone organisation on the economy.

2. The issue of the expediency of organisation or denial of organization of a Special Economic Zone shall be considered within thirty working days after movement of such proposal.

Proposal of organisation of a Special Economic Zone shall be presented by the authorized body to the Expert Council within ten days from its movement. The Expert Council shall be established at the moment of the movement of proposal of organisation of a Special Economic Zone.

Members of the Expert Council shall be appointed with due regard for the activity type of the Special Economic Zone to be organised.

Within twenty working days after the movement of proposal on organisation of a Special Economic Zone by the Authorised Body, the Expert Council shall prepare a conclusion

3. Within three working days after adoption of the corresponding decision, the Authorised Body shall inform the entity which has moved the proposal on organisation of a Special Economic Zone on the decision rationale.

4. The Authorised Body shall deny the proposal concerning formation of a special economic zone in cases of:

1) inexpediency of formation of a special economic zone;

2) inconsistency of the proposal concerning organisation of a special economic zone with priorities of the state economic policy;

3) incompleteness or unreliability of presented materials;

4) inconsistency of the proposal with requirements in the field of protection of the environment;


5) necessity to protect natural areas of preferential protection, lives and health of people, threat of destruction or damage to historical and cultural heritage or national security protection.

Rejection of proposal of the special economic zone organisation does not exclude the possibility of further movement of the proposal for organization of a Special Economic Zone.

5. Within six months after the date of receipt of notification stating the expediency of organisation of the Special Economic Zone, the entities that have moved the proposal shall prepare feasibility study for the Special Economic Zone to be created with the assessment of the environmental impact. The prepared feasibility study shall include estimated financial, economic and social consequences, rationale, expediency and assessment of the result of Special Economic Zone organisation.

Feasibility study shall comply with the following criteria:

1) Expedience means suitability of the measures specified in the feasibility study to the strategic documents;

2) Substantiation means adequacy of evidence substantiated by calculations confirming the amount of financing required for implementation of measures for each component;

3) Efficiency means adequacy of evidence substantiated by calculations confirming the possibility to obtain direct final result.

In case of movement of proposal to organise a Special Economic Zone, central or local executive bodies shall allocate budget funds for conducting of the feasibility study in accordance with the fiscal legislation of the Republic of Kazakhstan.

6. The Authorised Body shall send the feasibility study of the Special Economic Zone to be organised to the interested public bodies for conducting of the respective assessments under the legislation of the Republic of Kazakhstan. Investors shall hold an independent assessment of the feasibility study.

Assessment of the feasibility study of the Special Economic Zone to be organised shall be conducted by public agencies within forty five calendar days after submission of the feasibility study to the Authorised Body.

7. Within sixty calendar days after receipt of the feasibility study assessment conclusions, the Authorized Body shall move to the Government of the Republic of Kazakhstan a proposal to organise a Special Economic Zone enclosed with the concept of the corresponding feasibility study with the assessment of environmental impact and conclusion of the expert council.

8. Decision on organisation of a Special Economic Zone and priority types of activity matching the objectives of the Special Economic Zone to be organised shall be adopted by the President of the Republic of Kazakhstan upon presentation of the Government of the Republic of Kazakhstan.

Provisions on the Special Economic Zone, Special Economic Zone functioning target indicators and critical level of non-achievement of target indicators shall be approved by the President of the Republic of Kazakhstan.


Article 8. Terms of Organisation and Functioning of Special Economic Zones1. Special Economic Zones shall be organised for a period of up to twenty-five years.

2. Special Economic Zones shall be organised on land plots being in state ownership and not granted for land use or on land plots compulsory alienated from owners of land plots and land users for state needs in accordance with the land legislation of the Republic of Kazakhstan..

3. The land plot, in which the special economic zone is organised, shall be allotted by the administration of the special economic zone for temporary paid land use (lease) to participants in the special economic zone under the land legislation of the Republic of Kazakhstan for a period of organization of the Special Economic Zone.

Land plots for organisation of a special economic zone, construction of infrastructure as well as performance of support activities, shall be leased out for temporary land use at a charge (land lease) to the Managing Company in accordance with the land legislation of the Republic of Kazakhstan for a period of the Special Economic Zone operation.

The Managing Company is entitled to sublease land plots specified in Part Two of this Clause to people performing support activities in accordance with the land legislation of the Republic of Kazakhstan.

The Managing Company is entitled to take lease of the infrastructure facilities constructed fully or partially at the expense of budget funds on the land plots leased out for temporary land use at a charge (land lease).

The Managing Company is entitled to sublease the infrastructure facilities constructed fully or partially at the expense of budget funds on the land plots leased out for temporary land use at a charge (land lease) to the entities performing support activities

4. Land plots, in which Special Economic Zones are organised, must be provided with sufficient infrastructure facilities at the expense of budget funds, and (or) other sources not prohibited by laws of in accordance with the feasibility study for the land plots.

Facility construction and reconstruction financing procedure shall be performed in accordance with the budget legislation of the Republic of Kazakhstan.

Special Economic Zone participants or entities performing support activities are entitled to construct required infrastructure facilities in the territory of the land plot, leased out for temporary land use at a charge (land lease) or subleased, at their own expense.

5. Provisions of Clauses 2, 3 and 4 of this Article shall not be applied to the land plots privately owned by the Special Economic Zone participants established before the effective date of this Law.

6. Public services in the territory of Special Economic Zones shall be rendered on the principle of “one-stop-shop”.

1) Timely and quality rendering of public services;

2) Information support of the public services rendered;


7. Public services in the territory of Special Economic Zones shall be rendered on the principle of “one-stop-shop” in accordance with the legislation of the Republic of Kazakhstan.

Public services centres in the territory of Special Economic Zones shall be furnished with the required infrastructure facilities for placement and functioning in accordance with Clause 4 of this Article.

Article 9. Applicant Requirements 1. The applicant filing an application for performance of activity in the capacity of a Special Economic Zone participant shall possess monetary funds, other property not withdrawn from the business to the amount required by the feasibility study.

This requirement shall not apply to the Applicant filing an application for performance of activities in the capacity of the entity performing support activities.

Applicant’s activity shall correspond to the objectives and types of activity performed in the territory of a Special Economic Zone.

2. The following entities shall not be considered applicants:

1) subsoil users;

2) organisations producing excisable goods except for the organisations engaged in production, assembly (integration) of excisable goods as specified in Sub-clause 6), Article 279 of the Code of the Republic of Kazakhstan “On Taxes and Other Compulsory Budgetary Payments” (Tax Code).

3) organisations working under special tax treatment;

4) organisations applying investment tax preferences;

5) gambling business organizers.

Article 10. Documents Submitted by the Applicant for Performance of Activity in Special Economic Zones in the Capacity of a Special Economic Zone Participant and Inclusion in the Unified Registry of the Special Economic Zone Participants1. Special Economic Zone participant’s activity shall be performed in accordance with the Contract for performance of activity.

2. Application shall enclose the following documents in hard or soft copy:

1) Applicant’s details form approved by the Authorised Body;

2) notarized copy of the legal entity state registration (re-registration) certificate;

3) notarized copy of the identification document of the chief executive officer of the Applicant;


4) notarized copy of the taxpayer’ certificate – up to the January 1, 2012 or a notarized copy of the document containing identification number – after January 1, 2012.

5) notarized copy of the legal entity charter;

6) notarized copy of the decision of the supreme body of the legal entity on performance of activity in the Special Economic Zone territory;

7) copy of financial reports as of the last reporting date signed by the chief executive officer of the Applicant or a person substituting his/her, as well as the chief accountant (accountant);

8) feasibility study of the project meeting the requirements imposed by the Authorised Body;

9) statements of the acquiring bank with regard to the Applicant’s bank accounts financial movement (on the absence of the record) and credit report from the credit bureau containing complete or incomplete information from the credit history;

10) statement from the tax administration at the place of the registration record on availability or absence of taxes and other compulsory budgetary payments in arrears;

If a legal entity has a status of non-resident of the Republic of Kazakhstan and is not registered as a taxpayer at the moment of submission of the documents, this legal entity shall submit the copy of the statement confirming the absence of state registration as a taxpayer with the tax authority of the Republic of Kazakhstan.

Foreign legal entities shall submit legalized documents as specified in Sub-Clauses 2), 5) and 6) of this Clause, legalized extract from the trade register or another legalized document confirming the status of a legal entity in a foreign country under the legislation of that country along with notarized translation into Kazakh and Russian.

Article 11. Procedure for Pendency of Application for Performance of Activities in the Capacity of a Special Economic Zone participant1. Upon filing of an application, the Regulating Body of a Special Economic Zone shall:

1) register the application in the application register on the date of its filing;

2) check the completeness of the document package submitted;

3) return the application on the day of its filing in case of discrepancies between the submitted document and the approved list. Returning of the application shall not deprive the applicant of the right to apply to the Special Economic Zone again after elimination of the identified faults.

2. Special Economic Zone Regulating Body shall deny the opportunity to conclude a Contract for performance of activities if the declared type of activity does not comply with the priority types of activity.

3. If the declared type of activity complies with the priority types of activity, Special Economic Zone Regulating Body shall conclude the Contract for performance of activity within ten working days.


4. Within two working days after conclusion of the Contract for performance of activity, Special Economic Zone Regulating Body shall inform the Authorised body on this fact and submit a copy of the Contract for performance of activity.

Upon receipt from the Special Economic Zone Regulating Body the of the notification on conclusion of the Contract for performance of activity, the Authorised body shall include information about the Special Economic Zone participant into the Unified Registry of the Special Economic Zone Participants.

5. Within two working days after conclusion of the Contract for performance of activity, Special Economic Zone Regulating Body shall notify tax and customs departments of this fact.

6. Upon receipt of the notification from the Special Economic Zone Regulating Body about conclusion of the Contract for performance of activity, tax administration bodies and customs authorities shall register the Special Economic Zone participant in manner prescribed by the laws of the Republic of Kazakhstan.

7. Based on the concluded Contract for performance of activity Special Economic Zone participant shall cease the activity of its divisions beyond the Special Economic Zone.

Special Economic Zone participants engaged in information and innovation technologies sphere shall be allowed to perform activity beyond the Special Economic Zone, unless otherwise provided by this Law.

8. Contract for performance of activity shall be terminated in the following cases:

1) abolishment of the Special Economic Zone;

2) maturity or early termination of the Contract for performance of activity;

3) other instances specified by the civil legislation of the Republic of Kazakhstan or Contract for performance of activity;

Special Economic Zone Regulating Body shall notify the tax administration bodies and customs authorities of the termination of the Contract for performance of activity.

Article 12. Requirements for the Entities Qualifying for Performance of Support Activities in the Territory of a Special Economic ZoneEntities qualifying for performance of support activities in the territory of a Special Economic Zone shall meet the following requirements:

1) be a Kazakhstan entity performing works or services;

2) individual entrepreneur and legal entities must be registered in manner prescribed by the laws of the Republic of Kazakhstan by the relevant registration body ( justice agency, tax or statistics body) in the territory of the Republic of Kazakhstan.

If entities qualifying for performance of support activities meet the specified criteria, they must the prescribed manner conclude a contract with a Special Economic Zone participant for performance of some types of subcontract works and services.

Support activities performed by subcontractors shall not coincide with the priority types of activity in the nature of the works and services.


Article 13. Documents to be Submitted for Admittance to Perform Support Activities1. Support Activities shall be performed in accordance with the Contract concluded with a Special Economic Zone participant.

2. Individual entrepreneurs and legal entities shall submit to the Special Economic Zone Regulating Body application for admittance as an entity performing support activities within three working days after conclusion of Contract for performance of activity with Special Economic Zone participants.

3. Application shall enclose documents in hard and soft copy in accordance with the list approved by the Government of the Republic of Kazakhstan.

Article 14. Basis and Procedure for Admittance to Perform Support Activities1. Upon receipt of application for admittance as an entity performing support activities, Special Economic Zone Regulating body shall:

1) check the conformity of the submitted documents with the list approved by the Government of the Republic of Kazakhstan;

2) register the application in the application register. Registration date is the date of filing;

2. If the submitted documents conform to the list of the documents approved by the Government of the Republic of Kazakhstan the entity submitting the documents shall be deemed admitted to performance of support activities in the territory of the Special Economic Zone.

Within three working days after the date of registration, Special Economic Zone Regulating Body shall inform the entity submitting the application and customs authority related to the Special Economic Zone about admittance of the entity to performance of support activities within the territory of the Special Economic Zone.

3. In case of discrepancies between the submitted documents and the list approved by the Government of the Republic of Kazakhstan, Special Economic Zone Regulating Body shall return the application within three working days after registration of the application. Returning of the application shall not deprive the applicant of the right to apply to the Special Economic Zone again after elimination of the identified faults.

Article 15. Rendering of Public Utility Services in the Territory of Special Economic ZoneSuppliers providing the territory of Special Economic Zones with electric and thermal power, gas, water and rendering other public utility services shall grant access to such services analogous to that granted to other users of such services


Article 16. Abolishment of a Special Economic Zone1. The Special Economic Zone shall be abolished upon the expiration of the period for which it was organised. Term of validity of a Special Economic Zone shall be determined by the corresponding Edict of the President of the Republic of Kazakhstan on organisation of a Special Economic Zone.

2. In case of Critical level of non-achievement of target indicators the Special Economic Zone may be abolished ahead of time by an Edict of the President of the Republic of Kazakhstan under a presentation of the Government of the Republic of Kazakhstan.

3. Upon abolishment of the Special Economic Zone, Special Economic Zone participants and entities engaged in support activities who leased land plots in the territory of Special Economic Zone shall have an option to by land offered for sale in manner prescribed by the land legislation of the Republic of Kazakhstan.


CHAPTER 4. GOVERNING OF A SPECIAL ECONOMIC ZONE

Article 17. Establishment of Special Economic Zone Regulating body1. After introduction into effect of the Edict of the President of the Republic of Kazakhstan on organization of a Special Economic Zone, Government or local executive body of the oblast, city of the republican significance, capital city shall adopt the decision on establishment and (or) participation in the establishment of Special Economic Zone Regulating Body.

2. Establishment of the capital city Special Economic Zone Regulating Body with regard to the legal form shall be performed in accordance with the legislative acts of the Republic of Kazakhstan.

3. The following entities can become founders of the Managing Company on their own initiative in case of organization of Special Economic Zone:

1) Government of the Republic of Kazakhstan;

2) local executive body of the oblast, city of the republican significance, capital city;

3) non-governmental legal entity;

4) foreign legal entity with experience of Special Economic Zone management in other countries of in the Republic of Kazakhstan.

4. If a Special Economic Zone is organised on the initiative of the central executive bodies or local executive bodies, city of the republican significance, capital city, over fifty percent of voting shares emitted by the Managing Company shall be owned by the state unless otherwise provided in the Edict of the President of the Republic of Kazakhstan on establishment of a Special Economic Zone.

If a Special Economic Zone is organised on the initiative of non-governmental legal bodies at least twenty six percent of voting shares emitted by the Managing Company shall be owned by the state

5. The first meeting of founders shall be held within thirty calendar days after adoption of the decision of the Government of the Republic of Kazakhstan on participation of the State in establishment of the Managing Company.

6. Special Economic Zone Regulating Body shall be registered at the location of the Special Economic Zone in manner prescribed by the laws of the Republic of Kazakhstan on registration of legal entities and record registration of subsidiaries and representative offices.

Article 18. The Scope of the Administration of a Special Economic Zone The scope of the administration of the Special Economic Zone shall comprise:

1) interaction with state bodies on issues of activities of Special Economic Zones;


2) subleasing of land plots and subleasing of infrastructure facilities to the entities performing support activities;

3) concluding and termination of contracts for performance of activity;

4) submission of reporting to the Authorized Body on the results of activity of Special Economic Zones in manner established by the Authorized Body based on annual reports by Special Economic Zone participants;

5) attraction of Special Economic Zone participants;

6) attraction of investments for construction of infrastructure facilities and performance of other Special Economic Zone activity types;

7) infrastructure facilities construction in accordance with the approved feasibility study on the land plots not leased to Special Economic Zone participants;

8) arrangement of consultation centre for operation of the Public Services Centre on the “One-stop-shop” principle;

9) confirmation of the actual consumption of imported goods during performance of activities corresponding to the Special Economic Zone organisation objectives;

10) monitoring of implementation of Contract for performance of activities.

Article 19. Selection of Entities to Perform Management in the Managing Company1. The Authorized Body shall hold competitive selection of entities to perform management of the managing company upon presentation of the Government of the Republic of Kazakhstan on organization of a Special Economic Zone to the President of the Republic of Kazakhstan under Article 7 of this Law.

2. Competitive selection of entities to perform management of the managing company shall be held by the Authorized Body in cooperation with the relevant interested public agencies within sixty days after presentation of the Government of the Republic of Kazakhstan on organization of a Special Economic Zone to the President of the Republic of Kazakhstan.

3. The procedure of competitive selection of entities to perform management of the managing company as well as eligibility criteria shall be determined by the Government of the Republic of Kazakhstan.

Article 20. Rights and Obligations of Special Economic Zone Participants1. Special Economic Zone participants are entitled to:

1) use guarantees of legal protection, tax and other remissions as specified by legislative acts of the Republic of Kazakhstan for Special Economic Zone participants;


2) obtain land plots and construct infrastructure facilities for performance of priority types of activity in manner prescribed by this Law;

3) engage entities carrying out support activities while performing support activities;

4) determine the support activities;

5) enjoy other rights as specified by the legislative acts of the Republic of Kazakhstan.

2. Special Economic Zone participants shall:

1) submit annual report on its activity to the Special Economic Zone Regulating Body;

2) discharge duties specified by the laws the Republic of Kazakhstan and Contract for performance of activity in good faith and proper manner.

Article 21. Monitoring of Implementation of Obligations under the Contract on Performance of ActivityMonitoring of implementation of obligations under the contract on performance of activity shall be performed by the Authorized Body based on the information submitted by the Special Economic Zone Regulating Body in the form of reports and information on Special Economic Zone participants under this Law.

Monitoring specified by Sub-clause 10) of Article 18 of this Law shall be performed by Special Economic Zones Regulating Body on a regular basis.

Article 22. Financing of Special Economic Zone Regulating Body1. Financing of the Special Economic Zone Regulating Body established in the form of a public institution in accordance with the acts of the Republic of Kazakhstan.

2. Financing of Special Economic Zone Regulating Body is effected from the following sources:

1) payment for services rendered by the Regulating Body to Special Economic Zone participants;

2) special purpose debt financing;

3) income from lease and (or) sublease of infrastructure facilities, land plots and other property;

4) other type of income of Regulating Body not prohibited by the laws of the Republic of Kazakhstan.

Article 23. Dissolution of Special Economic Zone Regulating Body1. After expiry of the Special Economic Zone validity period or adoption of decision on early abolition of a Special Economic Zone, Regulating Body organized in the form of a


public institution shall be dissolved (reorganized) in accordance with legislative acts of the Republic of Kazakhstan.

2. After expiry of the Special Economic Zone validity period or adoption of decision on early abolition of a Special Economic Zone, general meeting of shareholders shall adopt the decision on voluntary dissolution of the Managing Company, define the dissolution procedure in agreement with the creditors, under their supervision and in accordance with the legislative acts of the Republic of Kazakhstan.

If shareholders of the Managing Company fail to adopt decision on voluntary dissolution, Managing Company shall be dissolved by enforcement.

Enforced dissolution of the Joint-Stock Company shall be effected in manner prescribed by the Civil Code of the Republic of Kazakhstan.


CHAPTER 5. LEGAL STATUS AND CONDITIONS OF FUNCTIONING OF SPECIAL ECONOMIC ZONES

Article 24. Special Legal Status of a Special Economic ZoneSpecial legal status shall apply to Special Economic Zone participants in the territory of a Special Economic Zone. This special legal status is established under this Law, tax, customs and land legislative acts of the Republic of Kazakhstan, as well as legislative acts of the Republic of Kazakhstan related to the employment of the population.

Article 25. Taxation of Special Economic Zone Participants Taxation and collection of other compulsory budgetary payments of Special Economic Zone participants shall be effected in accordance with the tax legislation of the Republic of Kazakhstan.

Article 26. Customs Regulation in Special Economic Zones1. Customs procedure of a Free Customs Zone shall apply to the territory of a Special Economic Zone or its part.

The border of a Special Economic Zone within the limits of which customs procedure of Free Customs Zone is applied shall be determined in accordance with the Act of the President of the Republic of Kazakhstan on Special Economic Zone organization.

2. Customs procedure of Free Customs Zone shall apply in accordance with customs legislation of the Customs Union and (or) customs legislation of the Republic of Kazakhstan.

3. Special Economic Zone Territory is deemed a part of the Customs Union customs territory.

4. Special Economic Zone Territory where customs procedure of Free Customs Zone is applied is deemed the customs surveillance zone.

Customs surveillance in the territory of a Special Economic Zone where customs procedure of Free Customs Zone is applied shall be performed by customs bodies under the customs legislation of the Customs Union and (or) customs legislation of the Republic of Kazakhstan.


Article 27. Goods Placed under the Customs Procedure of a Free Customs ZoneGoods imported in the territory of a Special Economic Zone where customs procedure of Free Customs Zone is applied shall be placed under the customs procedure of a free customs zone in accordance with the procedure and under conditions specified by the customs legislation of the Customs Union and (or) customs legislation of the Republic of Kazakhstan and shall be treated as goods located beyond the Customs Union territory for the purposes of the application of customs duties, taxes and non-tariff regulation measures.

Article 28. Employment of Foreign NationalsIssuance of permits for employment of foreign nationals by the local executive bodies of the respective administrative territorial entity shall be effected in accordance with a simplified procedure without necessity to search for analogous candidacies in the domestic labor market in accordance with the rules determined by the Government of the Republic of Kazakhstan

Article 29. Guarantee Guarantees of Legal Protection of Special Economic Zone Participants 1. Participants of the Special Economic Zone are ensured protection of rights and interests provided by the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan as well as international contracts ratified by the Republic of Kazakhstan.

2. Forced seizure of property of the Special Economic Zone participant (nationalization, confiscation) is allowed in exceptional cases and in the order provided by the laws of the Republic of Kazakhstan.

3. Participants of the Special Economic Zone shall have the right to use income in their own discretion gained due to activities performance in the territory of the Special Economic Zone after having paid taxes and other compulsory payments to the budget in accordance with the tax legislation of the Republic of Kazakhstan.


CHAPTER 6. CONCLUSIVE AND TRANSITIONAL PROVISIONS

Article 30. State Control on Observance of the Legislation of the Republic of Kazakhstan on the Special Economic Zones State control on observance of the legislation of the Republic of Kazakhstan on Special Economic Zones is performed as an inspection and other forms.

Inspection is performed in compliance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”.

Article 31. Amenability for violation of the legislation of the Republic of Kazakhstan on Special Economic Zones Violation of the legislation of the Republic of Kazakhstan on Special Economic Zones shall involve liability established by the Laws of the Republic of Kazakhstan.

Article 32. Transitional Provisions 1. Special Economic Zones established prior to enactment of this Law shall maintain its status before making the decision on their abolition or termination of the period according to which this Special Economic Zone was established. Special Economic Zones administration can perform functions of managing companies before establishment of a managing company but no more than a period defined by authorized agency.

2. Companies-operators involved in order to manage the Special Economic Zones established prior to enactment of this Law can perform functions before their handover to newly established company.

Moreover, these companies-operators perform functions of managing companies no more than a year upon the moment of enactment of this Law.

Decision to perform function of a managing company involved by a company-operator for the Special Economic Zone shall be taken by an authorized agency.

3. No later than one year upon the date of managing company establishment, administration of a Special Economic Zone shall submit all the documents and information to the management company related to the Special Economic Zone and required to perform functions by the managing company provided by the Law, whereupon this administration is to be terminated.

4. Upon the date of the management company establishment, contracts concluded by authorized agency and companies-operators shall be terminated.

5. Requirement to perform activities in the territory of the Special Economic Zone will not be a compulsory obligation before January 1, 2015 for the following types of activities


for participants of the Special Economic Zone in the area of information and innovation technologies:

1) design, development, implementation, pilot production, and production of software, data basis and hardware of information technologies as well as services of data-centers, on-line services;

2) scientific-and-research and development activities on creation and implementation of projects in the area of information technologies.

6. Provisions provided by items 1-4 of this Article shall not cover the Special Economic Zone “Astana – New City”.

Article 33. Procedure of Promulgation of This Law1. This Law shall become effective within ten calendar days after its first official publication.

2. Deem ineffective the Law of the Republic of Kazakhstan “Concerning Special Economic Zones in the Republic of Kazakhstan” dated July 6, 2007 (Parliamentary Bulletin of the Republic of Kazakhstan, 2007, No.14, Art.104; 2010, No.15, Art.71).

Президент Республики Казахстан